LEGAL PRINCIPLE: EVIDENCE LAW – Proof – Abandoned Property – Requirement of Tender of Government Gazette
PRINCIPLE STATEMENT
One would expect that the necessary Government gazette in which the property was published as abandoned property would be tendered. It was not. She did not tender any document showing that the Rivers State Authorities sold the property to her.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Obulor & Anor v. Oboro (2001) NLC-1321997(SC) at p. 7; Paras B–C.
"One would expect that the necessary Government gazette in which the property was published as abandoned property would be tendered. It was not. She did not tender any document showing that the Rivers State Authorities sold the property to her."
EXPLANATION / SCOPE
To prove a claim of abandoned property, the Government Gazette publishing the abandonment must be tendered. The Gazette is the official record of abandonment. Without it, the claim fails. Similarly, a party claiming purchase from government authorities must tender the document of sale. The principle requires best evidence. The court cannot assume abandonment or sale without official documentation. The burden is on the party claiming abandonment to prove it with the Gazette. Secondary evidence may not suffice if the Gazette is available. The principle applies to all claims of statutory or governmental transactions. The party must produce the official record. Failure to tender essential documents is fatal.